1|ENGROSSED SENATE |
|BILL NO. 574 By: Haste of the Senate |
2| |
| and |
3| |
| Roe of the House |
4| |
| |
5| |
| |
6| An Act relating to the Attorney General; amending 74 |
| O.S. 2021, Section 30.5, as last amended by Section |
7| 3, Chapter 124, O.S.L. 2024 (74 O.S. Supp. 2024, |
| Section 30.5), which relates to definitions used in |
8| the Political Subdivisions Opioid Abatement Grants |
| Act; modifying definitions; removing obsolete |
9| language; amending 74 O.S. 2021, Section 30.6, which |
| relates to the Oklahoma Opioid Abatement Revolving |
10| Fund; authorizing the Office of the Attorney General |
| to use certain funds for specified purpose; requiring |
11| certain approval of projects; updating statutory |
| reference; amending 74 O.S. 2021, Section 30.8, as |
12| amended by Section 2, Chapter 75, O.S.L. 2022 (74 |
| O.S. Supp. 2024, Section 30.8), which relates to |
13| disbursement of grants; broadening applicability of |
| certain provisions; updating statutory language; and |
14| providing an effective date. |
| |
15| |
| |
16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
17| SECTION 1. AMENDATORY 74 O.S. 2021, Section 30.5, as |
| |
18|last amended by Section 3, Chapter 124, O.S.L. 2024 (74 O.S. Supp. |
| |
19|2024, Section 30.5), is amended to read as follows: |
| |
20| Section 30.5. As used in the Political Subdivisions Opioid |
| |
21|Abatement Grants Act: |
| |
22| 1. "Approved purpose" and "approved purposes" mean |
| |
23|evidence-based, forward-looking strategies, programming and services |
| |
24|used to: |
| |
Page 1
___________________________________________________________________________
1| a. expand the availability of treatment for individuals |
| |
2| affected by opioid use disorders, co-occurring |
| |
3| substance use disorders and mental health issues, |
| |
4| b. develop, promote and provide evidence-based opioid |
| |
5| use prevention strategies, |
| |
6| c. provide opioid use disorder and co-occurring |
| |
7| substance use disorder avoidance and awareness |
| |
8| education, |
| |
9| d. decrease the oversupply of licit and illicit opioids, |
| |
10| |
| |
11| e. support recovery from addiction services performed by |
| |
12| qualified and appropriately licensed providers, |
| |
13| f. treat opioid use, abuse and disorders including early |
| |
14| intervention screening, counseling and support, |
| |
15| g. support individuals in treatment and recovery from |
| |
16| opioid use, abuse and disorder, |
| |
17| h. provide programs or services to connect individuals |
| |
18| with opioid use, abuse or disorder, or who are at risk |
| |
19| of developing opioid use disorder, co-occurring |
| |
20| substance use disorder and mental health issues, with |
| |
21| treatment and counseling programs and services, |
| |
22| i. address the needs of individuals who are involved, or |
| |
23| who are at risk of becoming involved, in the criminal |
| |
24| justice system due to opioid use, abuse or disorder |
| |
Page 2
___________________________________________________________________________
1| through programs or services in municipal and county |
| |
2| criminal judicial systems including prearrest and |
| |
3| postarrest diversion programs, pretrial services and |
| |
4| drug or recovery courts, |
| |
5| j. address the needs of pregnant or parenting women with |
| |
6| opioid use, abuse or disorder and their families, |
| |
7| k. address the needs of parents and caregivers caring |
| |
8| for babies with neonatal abstinence syndrome, |
| |
9| l. support efforts to prevent overprescribing and ensure |
| |
10| appropriate prescribing and dispensing of opioids, |
| |
11| m. support efforts to discourage or prevent misuse of |
| |
12| opioids including the oversupply of licit and illicit |
| |
13| opioids, |
| |
14| n. support efforts to prevent or reduce overdose deaths |
| |
15| or other opioid-related harms including through |
| |
16| increased availability and distribution of naloxone |
| |
17| and other drugs that treat overdoses for use by first |
| |
18| responders, persons who have experienced an overdose |
| |
19| event, families, schools, community-based service |
| |
20| providers, social workers and other members of the |
| |
21| public, |
| |
22| o. reimburse or fund law enforcement and emergency |
| |
23| responder expenditures relating to the opioid epidemic |
| |
24| including costs of responding to emergency medical or |
| |
Page 3
___________________________________________________________________________
1| police calls for service, equipment, treatment or |
| |
2| response alternatives, mental health response training |
| |
3| and training for law enforcement and emergency |
| |
4| responders as to appropriate practices and precautions |
| |
5| when dealing with opioids or individuals who are at |
| |
6| risk of opioid overdose or death, |
| |
7| p. reimburse attorney fees and allowable expenses |
| |
8| directly related to opioid litigation incurred as part |
| |
9| of legal services agreements entered into before May |
| |
10| 21, 2020, |
| |
11| q. support efforts to provide leadership, planning and |
| |
12| coordination to abate the opioid epidemic through |
| |
13| activities, programs or strategies for prevention and |
| |
14| recovery models including regional intergovernmental |
| |
15| efforts and not-for-profit agency support, |
| |
16| r. support education of youths regarding the dangers of |
| |
17| opioid use, abuse and addiction, |
| |
18| s. fund training relative to any approved purpose, |
| |
19| t. monitor, surveil and evaluate opioid use, abuse or |
| |
20| disorder, |
| |
21| u. provide educational and health care services related |
| |
22| to nonopioid treatment alternatives, or |
| |
23| |
| |
24| |
| |
Page 4
___________________________________________________________________________
1| v. provide opioid abatement as identified by the |
| |
2| Oklahoma Opioid Abatement Board as consistent with the |
| |
3| purpose of the Political Subdivisions Opioid Abatement |
| |
4| Grants Act. |
| |
5|Provided that, such strategies, programming and services occurred on |
| |
6|or after January 1, 2015. |
| |
7| Approved purpose also includes any approved uses as authorized |
| |
8|by opioid-related settlement agreements in which the State of |
| |
9|Oklahoma is a litigant or participant; |
| |
10| 2. "Board" means the Oklahoma Opioid Abatement Board; |
| |
11| 3. "Eligible participant" means any political subdivision |
| |
12|impacted by the opioid crisis; |
| |
13| 4. "Nonapproved purpose" and "nonapproved purposes" mean |
| |
14|strategies, programming and services not falling within the |
| |
15|definition of approved purpose or approved purposes as defined in |
| |
16|this section; |
| |
17| 5. "Opioid funds" means all monetary amounts obtained through a |
| |
18|settlement or judgment by the Attorney General on behalf of this |
| |
19|state related to opioid litigation involving pharmaceutical supply |
| |
20|chain participants including the Purdue Political Subdivisions |
| |
21|Subdivision Fund but excluding all other funds received pursuant to |
| |
22|the Purdue Settlement Agreement; |
| |
23| |
| |
24| |
| |
Page 5
___________________________________________________________________________
1| 6. "Opioid grant awards" means grants funded from the Oklahoma |
| |
2|Opioid Abatement Revolving Fund, awarded pursuant to the provisions |
| |
3|of the Political Subdivisions Opioid Abatement Grants Act; |
| |
4| 7. "Pharmaceutical supply chain" means the process and channels |
| |
5|through which controlled substances are manufactured, marketed, |
| |
6|promoted, distributed or dispensed; |
| |
7| 8. "Pharmaceutical supply chain participant" means any entity |
| |
8|that engages in or has engaged in the manufacture, marketing, |
| |
9|promotion, distribution or dispensing of an opioid analgesic; |
| |
10| 9. "Political subdivision" and "political subdivisions" have |
| |
11|the same meaning as provided in subparagraphs a, b, c and d of |
| |
12|paragraph 11 of Section 152 of Title 51 of the Oklahoma Statutes. |
| |
13|Political subdivision also means the board of regents or board of |
| |
14|trustees of a state educational institution which is a member of The |
| |
15|Oklahoma State System of Higher Education; |
| |
16| 10. "Purdue Political Subdivision Fund" means the Twelve |
| |
17|Million Five Hundred Thousand Dollars ($12,500,000.00) plus any |
| |
18|interest accrued thereon received from the Revive Oklahoma Health |
| |
19|Foundation consisting of funds received from the Purdue Settlement |
| |
20|Agreement designed for distribution to political subdivisions which |
| |
21|have executed a release of legal claims as required by the Purdue |
| |
22|Settlement Agreement; and |
| |
23| 11. "Purdue Settlement Agreement" means the settlement |
| |
24|agreement entered into by this state and Purdue Pharma L.P., Purdue |
| |
Page 6
___________________________________________________________________________
1|Pharma, Inc. and the Purdue Frederick Company on March 26, 2019, and |
| |
2|approved by the Court on April 2, 2019. |
| |
3| SECTION 2. AMENDATORY 74 O.S. 2021, Section 30.6, is |
| |
4|amended to read as follows: |
| |
5| Section 30.6. A. There is hereby created in the State Treasury |
| |
6|a revolving fund for the Office of the Attorney General to be |
| |
7|designated the "Oklahoma Opioid Abatement Revolving Fund". The fund |
| |
8|shall be a continuing fund, not subject to fiscal year limitations, |
| |
9|and shall consist of all opioid funds obtained through a settlement |
| |
10|or judgment by the Attorney General on behalf of the State of |
| |
11|Oklahoma related to opioid litigation involving pharmaceutical |
| |
12|supply chain participants: |
| |
13| 1. Designated for deposit in the fund; or |
| |
14| 2. Appropriated to the fund by the Legislature. |
| |
15| B. Provided that the Purdue Political Subdivisions Subdivision |
| |
16|Fund shall be maintained in a segregated State Treasury fund within |
| |
17|the Oklahoma Opioid Abatement Revolving Fund, and that the Purdue |
| |
18|Political Subdivisions Subdivision Fund shall not be commingled with |
| |
19|other opioid funds deposited in or appropriated to the Oklahoma |
| |
20|Opioid Abatement Revolving Fund. |
| |
21| C. The Office of the Attorney General may use not more than ten |
| |
22|percent (10%) of the funds appropriated to the Oklahoma Opioid |
| |
23|Abatement Revolving Fund for statewide opioid abatement projects |
| |
24|that constitute an approved use under the Political Subdivisions |
| |
Page 7
___________________________________________________________________________
1|Opioid Abatement Grants Act. The Oklahoma Opioid Abatement Board |
| |
2|shall approve all statewide opioid abatement projects described in |
| |
3|this subsection. |
| |
4| D. All monies accruing to the credit of the fund are hereby |
| |
5|appropriated and may be budgeted and expended by the Attorney |
| |
6|General for the purpose of funding opioid grant awards as authorized |
| |
7|by this act the Political Subdivisions Opioid Abatement Grants Act. |
| |
8| SECTION 3. AMENDATORY 74 O.S. 2021, Section 30.8, as |
| |
9|amended by Section 2, Chapter 75, O.S.L. 2022 (74 O.S. Supp. 2024, |
| |
10|Section 30.8), is amended to read as follows: |
| |
11| Section 30.8. A. 1. The Oklahoma Opioid Abatement Board shall |
| |
12|conduct an initial disbursement one or more disbursements of opioid |
| |
13|grant awards to participating eligible participants. Such opioid |
| |
14|grant awards shall be allocated amongst the different participating |
| |
15|eligible participants based on the following criteria: |
| |
16| a. the number of people per capita suffering from opioid |
| |
17| use disorder in the participating political |
| |
18| subdivision, or in the absence of such information, |
| |
19| the opioid prescription rate in the political |
| |
20| subdivision compared to the national average opioid |
| |
21| prescription rate, |
| |
22| b. the number of opioid overdose deaths in the |
| |
23| participating political subdivision, |
| |
24| |
| |
Page 8
___________________________________________________________________________
1| c. the amount of opioids distributed within the |
| |
2| participating political subdivision, and |
| |
3| d. the amount of attorney fees and allowable expenses |
| |
4| associated with legal services agreements directly |
| |
5| related to opioid litigation incurred as part of legal |
| |
6| services agreements entered into before May 21, 2020, |
| |
7| or |
| |
8| e. any other criteria established by the Board. |
| |
9| 2. Grant awards shall be subject to legal services agreements |
| |
10|entered into by eligible participants. |
| |
11| 3. Initial opioid Opioid grant awards as provided for in this |
| |
12|subsection shall be listed in an opioid grant award distribution |
| |
13|table reviewed and approved by the Board to ensure that such awards |
| |
14|adhere to the criteria adopted by the Board. |
| |
15| B. Following the awarding of opioid grant awards pursuant to |
| |
16|subsection A of this section, any remaining unencumbered balance in |
| |
17|Funds accrued in the Oklahoma Opioid Abatement Revolving Fund shall |
| |
18|be available to the Board to award as grants to eligible |
| |
19|participants; provided such awards shall only be utilized by |
| |
20|eligible participants for approved purposes. |
| |
21| C. In the event an eligible participant merges, dissolves or |
| |
22|ceases to exist, any remaining allocations of an awarded opioid |
| |
23|grant award in excess of Five Hundred Dollars ($500.00) shall be |
| |
24| |
| |
Page 9
___________________________________________________________________________
1|reallocated equitably based on the composition of the successor |
| |
2|eligible participant or the successor eligible participants. |
| |
3| SECTION 4. This act shall become effective November 1, 2025. |
| |
4| Passed the Senate the 24th day of March, 2025. |
| |
5| |
| |
6| |
| Presiding Officer of the Senate |
7| |
| |
8| Passed the House of Representatives the ____ day of __________, |
| |
9|2025. |
| |
10| |
| |
11| |
| Presiding Officer of the House |
12| of Representatives |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Page 10
